State of Oklahoma s5
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1 STATE OF OKLAHOMA
2 1st Session of the 51st Legislature (2007)
3 COMMITTEE SUBSTITUTE FOR 4 HOUSE BILL NO. 1309 By: Cox
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7 COMMITTEE SUBSTITUTE
8 An Act relating to schools; creating the Diabetes Management in Schools Act; defining terms; requiring 9 schools to develop diabetes medical management plans for students with diabetes; requiring certain persons 10 to perform certain duties concerning students with diabetes; requiring schools to have certain services 11 available to students with diabetes; prohibiting schools from restricting school assignment of 12 students with diabetes; requiring certain access to a physician; requiring the State Department of Health 13 to develop training guidelines; requiring training of certain school volunteers; specifying contents of 14 training; requiring annual demonstration of competency; requiring maintenance of certain 15 information; directing school districts to provide certain information to certain school employees; 16 allowing certain students to management diabetes care; providing for liability issues; providing for 17 codification; and providing an effective date.
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20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
21 SECTION 1. NEW LAW A new section of law to be codified
22 in the Oklahoma Statutes as Section 1210.196.1 of Title 70, unless
23 there is created a duplication in numbering, reads as follows:
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Req. No. 7297 Page 1 1 This act shall be known and may be cited as the “Diabetes
2 Management in Schools Act”.
3 SECTION 2. NEW LAW A new section of law to be codified
4 in the Oklahoma Statutes as Section 1210.196.2 of Title 70, unless
5 there is created a duplication in numbering, reads as follows:
6 As used in the Diabetes Management in Schools Act:
7 1. “Diabetes Medical Management Plan” means a document
8 developed by the personal health care team of a student that sets
9 out the health services that may be needed by the student at school
10 and is signed by the personal health care team and the parent or
11 guardian of the student;
12 2. “School” means a public elementary or secondary school. The
13 term shall not include a charter school established pursuant to
14 Section 3-132 of Title 70 of the Oklahoma Statutes;
15 3. “School nurse” means a certified school nurse as defined in
16 Section 1-116 of Title 70 of the Oklahoma Statutes, a registered
17 nurse contracting with the school to provide school health services,
18 or a public health nurse; and
19 4. “Volunteer diabetes care assistant” means a school employee
20 who has volunteered to be a diabetes care assistant and who has
21 successfully completed the training required by Section 5 of this
22 act.
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Req. No. 7297 Page 2 1 SECTION 3. NEW LAW A new section of law to be codified
2 in the Oklahoma Statutes as Section 1210.196.3 of Title 70, unless
3 there is created a duplication in numbering, reads as follows:
4 A diabetes medical management plan shall be developed for each
5 student with diabetes who will seek care for diabetes while at
6 school or while participating in a school activity. The plan shall
7 be developed by the personal health care team of each student. The
8 personal health care team shall consist of the principal or designee
9 of the principal, the school nurse, if a school nurse is assigned to
10 the school, the parent or guardian of the student, and to the extent
11 practicable, the physician responsible for the diabetes treatment of
12 the student.
13 SECTION 4. NEW LAW A new section of law to be codified
14 in the Oklahoma Statutes as Section 1210.196.4 of Title 70, unless
15 there is created a duplication in numbering, reads as follows:
16 A. The school nurse at each school in which a student with
17 diabetes is enrolled shall assist the student with the management of
18 their diabetes care as provided for in the diabetes medical
19 management plan for the student.
20 B. If a school does not have a school nurse assigned to the
21 school, the principal shall make an effort to seek school employees
22 who may or may not be health care professionals to serve as
23 volunteer diabetes care assistants to assist the student with the
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Req. No. 7297 Page 3 1 management of their diabetes care as provided for in the diabetes
2 medical management plan for the student.
3 C. Each school in which a student with diabetes is enrolled
4 shall make an effort to ensure that a school nurse or a volunteer
5 diabetes care assistant is available at the school to assist the
6 diabetic student when needed.
7 D. A school employee shall not be subject to any penalty or
8 disciplinary action for refusing to serve as a volunteer diabetes
9 care assistant.
10 E. A school district shall not restrict the assignment of a
11 student with diabetes to a particular school site on based on the
12 presence of a school nurse, contract school employee, or a volunteer
13 diabetes care assistant.
14 F. Each school nurse and volunteer diabetes care assistant
15 shall at all times have access to a physician.
16 SECTION 5. NEW LAW A new section of law to be codified
17 in the Oklahoma Statutes as Section 1210.196.5 of Title 70, unless
18 there is created a duplication in numbering, reads as follows:
19 A. The State Department of Health shall develop guidelines,
20 with the assistance of the following entities, for the training of
21 volunteer diabetes care assistants:
22 1. Oklahoma School Nurses Association;
23 2. The American Diabetes Association;
24 3. The Juvenile Diabetes Research Foundation International;
Req. No. 7297 Page 4 1 4. The Oklahoma Nurses Association;
2 5. The State Department of Education;
3 6. Oklahoma Board of Nursing;
4 7. Oklahoma Dietetic Association; and
5 8. Cooperative Council of School Administrators.
6 B. A school nurse or State Department of Health designee with
7 training in diabetes shall coordinate the training of volunteer
8 diabetes care assistants.
9 C. The training shall include instruction in:
10 1. Recognizing the symptoms of hypoglycemia and hyperglycemia;
11 2. Understanding the proper action to take if the blood glucose
12 levels of a student with diabetes are outside the target ranges
13 indicated by the diabetes management and treatment plan of the
14 student;
15 3. Understanding the details of the diabetes medical management
16 plan of each student assigned to a volunteer diabetes care assistant;
17 4. Performing finger sticks to check blood glucose levels,
18 checking urine ketone levels, and recording the results of those
19 checks;
20 5. Properly administering insulin and glucagon and recording
21 the results of the administration;
22 6. Recognizing complications that require seeking emergency
23 assistance; and
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Req. No. 7297 Page 5 1 7. Understanding the recommended schedules and food intake for
2 meals and snacks for a student with diabetes, the effect of physical
3 activity on blood glucose levels, and the proper actions to be taken
4 if the schedule of a student is disrupted.
5 D. The volunteer diabetes care assistant shall annually
6 demonstrate competency in the training required by subsection C of
7 this section.
8 E. The school nurse, the principal, or a designee of the
9 principal shall maintain a copy of the training guidelines and any
10 records associated with the training.
11 SECTION 6. NEW LAW A new section of law to be codified
12 in the Oklahoma Statutes as Section 1210.196.6 of Title 70, unless
13 there is created a duplication in numbering, reads as follows:
14 A. Each school district shall provide, with the permission of
15 the parent, to each school employee who is responsible for providing
16 transportation for a student with diabetes or supervising a student
17 with diabetes an information sheet that:
18 1. Identifies the student who has diabetes;
19 2. Identifies potential emergencies that may occur as a result
20 of the diabetes of the student and the appropriate responses to
21 emergencies; and
22 3. Provides the telephone number of a contact person in case of
23 an emergency involving the student with diabetes.
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Req. No. 7297 Page 6 1 B. The school employee provided information as set forth in
2 this section shall be informed of all health privacy policies.
3 SECTION 7. NEW LAW A new section of law to be codified
4 in the Oklahoma Statutes as Section 1210.196.7 of Title 70, unless
5 there is created a duplication in numbering, reads as follows:
6 A. In accordance with the diabetes medical management plan of a
7 student, a school shall permit the student to attend to the
8 management and care of the diabetes of the student, which may
9 include:
10 1. Performing blood glucose level checks;
11 2. Administering insulin through the insulin delivery system
12 the student uses;
13 3. Treating hypoglycemia and hyperglycemia;
14 4. Possessing on the person of the student at any time any
15 supplies or equipment necessary to monitor and care for the diabetes
16 of the student; and
17 5. Otherwise attending to the management and care of the
18 diabetes of the student in the classroom, in any area of the school
19 or school grounds, or at any school-related activity.
20 B. Each school shall provide a private area where the student
21 may attend to the management and care of the student’s diabetes.
22 SECTION 8. NEW LAW A new section of law to be codified
23 in the Oklahoma Statutes as Section 1210.196.8 of Title 70, unless
24 there is created a duplication in numbering, reads as follows:
Req. No. 7297 Page 7 1 A. A school employee may not be subject to any disciplinary
2 proceeding resulting from an action taken in compliance with this
3 act. Any employee acting in accordance with the provisions of this
4 act shall be immune from civil liability unless the actions of the
5 employee rise to a level of reckless or intentional misconduct.
6 B. A school nurse is not responsible for and may not be subject
7 to disciplinary action for actions performed by a volunteer diabetes
8 care assistant.
9 SECTION 9. This act shall become effective November 1, 2007.
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11 51-1-7297 KB 02/20/07
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